20
access to the Judicial Power. Therefore, the judges must be selected exclusively
based on their personal merits and professional qualifications, through objective
selection and continuance mechanisms that take into account the peculiarity and
specific nature of the duties to be fulfilled.
73. Similarly, the appointment procedures may not involve unreasonable privileges
or advantages. The equal opportunities are guaranteed through an open competition,
so that any citizen who can prove it complies with the requirements determined in
the law may participate in the selection processes without being object to arbitrary
unequal treatments. All those who aspire shall compete in equal conditions even
regarding those who temporarily occupy the positions, who for having that condition
cannot be treated with privileges or advantages, or with disadvantages, with regard
to the position occupied by them or the one they aspire to occupy. In synthesis, an
open and equal opportunity shall be granted through an ample public announcement,
which shall be clear and transparent with regard to the requirements demanded for
the fulfillment of the position. Therefore, any restriction that prevents or makes it
difficult for anybody who is not part of the administration or any entity, that is, an
individual who has not accessed the service, to do so based on their merits is not
admissible.
74. Finally, when the States establish procedures for the appointment of their
judges, they must take into account that not just any procedure satisfies the
conditions demanded by the Convention for the adequate implementation of a truly
independent regimen. If basic parameters of objectivity and reasonability are not
respected, it would be possible to design a regimen that allows a high level of
discretional consideration in the selection of the judicial career officials, by virtue of
which the people chosen would not necessarily be the most fit.
ii)
tenure
75. The Basic Principles state that “[t]he term of office of judges shall be
adequately secured by law”72 and that “[j]udges, whether appointed or elected, shall
have guaranteed tenure until a mandatory retirement age or the expiry of their term
of office, where such exists.”73
76. On the other hand, the Universal Principles also state that “[p]romotion of
judges, wherever such a system exists, should be based on objective factors, in
particular on ability, integrity and experience.”74
77. Finally, the Basic Principles state that the judges “shall be subject to
suspension or removal only for reasons of incapacity or behavior that renders them
unfit to discharge their duties” and that “[a]ll disciplinary, suspension or removal
proceedings shall be determined in accordance with established standards of judicial
conduct.”75 Similarly, the Human Rights Committee has pointed out that the judges
may only be removed for grave disciplinary offenses or incapacity and according to
fair procedures that guarantee objectivity and impartiality according to the
72
Cf. Principle 11 of the Basic Principles of the United Nations, supra note 65.
73
Cf. Principle 12 of the Basic Principles of the United Nations, supra note 65.
74
Cf. Principle 13 of the Basic Principles of the United Nations, supra note 65.
75
Cf. Principles 18 and 19 of the Basic Principles of the United Nations, supra note 65.